The Infringement Procedure under Articles 258 & 260 TFEU A practical overview

Transcription

1 Seminar The Infringement Procedure under Articles 258 & 260 TFEU A practical overview Luxembourg, October 2013 European Institute of Public Administration European Centre for Judges and Lawyers Seminar venue European Centre for Judges and Lawyers EIPA Luxembourg Building of the Chambre des Métiers 4 th Floor Master Room (411) 2 Circuit de la Foire Internationale 1347 Luxembourg Introduction Target group This practical and interactive seminar targets all public sector employees, who are in charge of or involved in the transposition of EU law and state officials and legal counsellors answering / preparing the defences of the State in all stages of the infringement procedure, irrespective of the level of government or origin of the case (i.e. national, regional and local level). The programme is also relevant to private practicing lawyers, consultants and other interested actors from the private sector, who wish to update their knowledge of the infringement procedure and obtain a comprehensive overview. Description As Guardian of the Treaties, one of the tasks entrusted to the European Commission by article 17 of the Treaty on European Union is to oversee the application of EU law. The infringement procedure articles 258 to 260 of the Treaty on the Functioning of the European Union is one of the enforcement mechanisms that can be applied by the Commission against a Member State whenever the Commission is of the opinion that the Member State is in breach of its obligations under European Union law. Learning methodolgy Presentations, discussions and case studies. All sessions will include question and answer periods and the possibility to exchange experiences. Objectives The objective of this seminar is to present a practical analysis of the infringement procedure with a view to improving the capacity and quality of responses to Commission investigations of potential infringements. This seminar provides a practical overview of the infringement procedures, the role of the Commission and the position of the Member States (e.g. how to avoid a Court case and possible defences).

2 Programme MONDAY 14 OCTOBER Registration of participants Welcome and introduction to the seminar The infringement procedure general presentation EU Pilot System of operation; Evaluation of its efficiency so far. Pre-258 letters: Contents of the letter; Obligation for the Member State to respond - how to reply; Decision to initiate the infringement procedure is formally taken by the College of Commissioners. Letter of formal notice: Contents of the letter of formal notice; Obligation for the Member State to respond - type and content of reply; The possible outcomes: - Classification of the complaint and closure of the file - Institution of the proceedings Coffee break Reasoned opinion Contents of the reasoned opinion; Obligation of the Member State to conform itself to the reasoned opinion; The possible outcomes: - Classification of the complaint and closure of the file - The case is brought before the Court of Justice Plenary discussion: Questions that may be raised at this stage: 1. Is there a difference between cases concerning formal implementation on the one hand and a complaint based on content of the national measure? 2. Can the Member State still at this stage avoid a court case and how? Litigation phase The matter is brought before the Court of Justice; The proceedings per se: - Referral to the Court; - Written phase: the application, the defence, the reply and the rejoinder; - The submission of the judicial documents, the service of documents and the time-limits; - Measures of organisation of procedure and preparatory inquiries; - The oral procedure and the arguments of the parties; - Conduct of proceedings, simultaneous interpretation, duration and practical advice. Prerogatives and obligations of the Commission. Aleksandra Melesko Coffee break Plenary discussion: Questions that may be raised at the litigation stage: 1. What can a Member State do to improve its situation/position during the litigation? 2. What happens in the court proceedings (what documents to file, how is the oral presentation prepared)? Who represents the State? 3. What options does the Member State have before the Court, including whether the Member State still can remedy the damage done with a view to make the Commission withdraw the case? 4. Who pays what court costs? Aleksandra Melesko Cocktail Lunch

3 Programme TUESDAY 15 OCTOBER Workshop: Possible defences of the Member States In an interactive way, participants will have the possibility to analyse different potential defences Member States may resort to and to compare with the Court of Justice s reaction to those defences. Parallel application; Minimal default to fulfil the obligations; Opportunity; Time overpassed ; Modification of the rules at the origin of infringement; Shortness of the time-limit set out to transpose EU law; Reciprocity; Force majeure; Unlawfulness (illegality of the measure); Elimination of infringement after the expiry of the time limit set out in the reasoned opinion; Execution of an EU obligation in equivalent practice Agnes Kertesz & Miquel Sampol Pucurull Trainers, Member of the Legal Service, European Commission, Brussels (BE) (invited) Aleksandra Melesko, Former Legal Secretary, Chamber of Judge Schiemann, Court of Justice of the European Union, Luxembourg (LU) (invited) Ágnes Kertész, Attaché for Legal Affairs, Permanent Representation of Hungary, Brussels (BE) (invited) Miquel Sampol Pucurull, Abogacía del Estado ante el TJCE - Spanish Legal Service, Spanish Permanent Representation before the EU, Brussels (BE) (invited), Chairman of the conference, Senior Lecturer, European Centre for Judges and Lawyers, EIPA Luxembourg (LU) Coffee break The decision of the Court and its effects Declaratory character of the decisions delivered by the Court of Justice; Obligation for the Member State to take all necessary measures in order to put an end to the infringement; Obligation to repeal the national measures contrary to the EU law. Agnes Kertesz & Miquel Sampol Pucurull Lunch Sanctions for failure to comply with the judgment Article 260 TFEU; Lump sum or penalty payment; Court s discretion; Criteria to establish the amount of the sanction; Innovations introduced by the Treaty of Lisbon The infringement procedure Case Studies In this session, participants will have the opportunity to work with different case studies that deal with all phases of the procedure presented during the seminar and to analyse the Court of Justice s decision in each case Conclusions and evaluation End of the seminar

4 General Information Hotel reservations The European Institute of Public Administration has negotiated prices with the following hotels. All rates are including breakfast and tourist tax. Kirchberg Hotel Novotel Kirchberg****, at the rate of 155. Tel.: ; fax: ; com; booking page: gb/booking/advanced-search.shtml (Client code: SC Contract No ). Hotel Melia****, at the rate of 140. Tel.: ; fax: , reservations.melia.luxembourg@ solmelia.com; Hotel D Coque***, Tel.: ; fax: ; info@coque.lu; booking page: reservationparticuliers. City Centre Hotel Simoncini****, at the rate of 140. Tel.: ; fax: ; info@hotelsimoncini.lu; (Reservation code: EIPA). Hotel Français***, at the rate of 120. Tel.: ; fax: ; info@hotelfrancais.lu; (Reservation code: EIPA). Hotel Parc Plaza****, at the rate of 130, (Reservation Code PLEIPA12). Hotel Parc Bellevue***, at the rate of 95, (Reservation Code BVEIPA12). Tel.: ; fax: ; reservation@goeres-group.com; Hotel Domus***, at the rate between 99 and 139. Tel.: ; fax: ; info@domus.lu; (Reservation code: EIPA). Findel (Airport) NH Luxembourg***, at the rate of 125 (Monday to Thursday) and 101 (Friday to Sunday). Tel.: ; fax: ; booking page: nhsso/sso.controller?event=1&language=en&ssousername= EIPA&password=EIPA. Should you wish to make use of this possibility, please phone or fax the reservation department of the hotel on one of the abovementioned numbers and mention the relevant reservation code. Payment is to be made directly and personally to the hotel on checking out. Please note that any optional bookings not confirmed one month before the seminar dates will be automatically cancelled by the hotels. Luxembourg City has two main bus stations, one in the city centre called Centre Aldringen and one next to the railway station called Air Terminus. All buses, wherever they go, pass through these two stations. Bus no. 18, with departure every ten minutes, goes in direction Kirchberg, stopping just around the corner from the Chambre des Métiers building where EIPA s premises are located. Bus no. 16 in direction Luxembourg aéroport/findel stops at Kirchberg, John-F.-Kennedy within 5 minutes walking distance from the seminar s place. Meals Should you require a special menu (e.g. vegetarian, diabetic), please inform the Programme Organiser so that this can be arranged. Participation The fee applicable to each activity is clearly indicated on the registration form. Unless otherwise stated on the registration form, the fee includes participation in the activity, lunches and beverages during the activity, documentation and participation in the reception/cocktail. Travel and accommodation costs are at the expense of the participant or his/her administration. Pre-payment of the fee is a condition for participation in an activity. Prior to the activity each participant will receive an invoice which can be paid by bank transfer or by credit card. Registration You may register through our website using the online registration form or by faxing or mailing the attached registration form duly completed. Discounts EIPA s Civil Servants special discount EIPA offers its members a discount of 10% off the registration fee for certain seminars and training courses. This discount is available to all civil servants working for one of EIPA s member countries and for officials working in the EU institutions. If you are an official in the public administration (central or sub-national level) in one of EIPA s member countries or an EU institution or agency, please tick the relevant box on the registration form when registering for a seminar or training course. You will then automatically receive an invoice for payment of the fee with the 10% discount applied. Other discounts For this seminar, EIPA Luxembourg offers a 50 discount for all registrations received and paid before 2 September Please note that discounts cannot be accumulated. It is clearly stated on EIPA s website which seminars and training courses are eligible for the reductions. Full fees apply to all other seminars and training courses. For more information, please visit EIPA s website: (FAQ special discounts). Confirmation Confirmation of registration will be forwarded to participants on receipt of the completed registration form. Cancellation policy EIPA reserves the right to cancel the seminar up to two weeks before the seminar starting date. In that case, received registration fees will be fully reimbursed. EIPA accepts no responsibility for any costs incurred (travel, accommodation, etc.). For EIPA s cancellation policy, please visit our website eu (FAQ - legal notice). For administrative reasons, a fee of 150 will be charged for cancellations received after 17 September There is no charge for qualified substitute participants. The mention of a speaker s name in the programme does not commit EIPA. In the event that an announced speaker does not appear, EIPA will do its utmost to find a suitable replacement.

5 Registration Form The Infringement Procedure under Articles 258 & 260 TFEU A practical overview Luxembourg, October 2013 Surname:... Title:... M / F First name:... Organisation:... Department:... Current position:... Work address:... Postal code & Town:... Country:... Telephone number:... Fax number:... address:... Invoice information Organisation:... Department:... Address:... Postal code & Town:... Country:... VAT number:... Your reference number:... address:... Payment The fee includes participation in the seminar, documentation, two lunches, one reception and beverages , Early registration made before 2 September 2013 Discount of 10% (Please check first the conditions at (FAQ - special discounts)) Method of payment Bank transfer Credit card American Express card Eurocard/Mastercard Visa card Card number:... Expiry date:... /... Name card holder:... (in case this differs from above) Address card holder:... (in case this differs from above) Postal code:... Country:... (in case this differs from above) Card Validation Code:... (the last three digits on the back of your card) Exempt from VAT by virtue of Article 11, Para. 1 (o), Sub-para. 2 of the Dutch Law on VAT of 1968 Meals Vegetarian Fish allowed Other dietary requirement:... Please return the completed registration form to: Ms Juliette Mollicone-Boussuge, European Centre for Judges and Lawyers, European Institute of Public Administration, Luxembourg, Circuit de la Foire Internationale, 2, LU-1347 Luxembourg Tel.: , Fax: , j.boussuge@eipa.eu Your name and address will be part of EIPA s database for our mailing purpose only. Please tick if you do not want to be included in our mailing database.